42 Cal.4th 763 original opinion 42 Cal.4th 1120a modification
Filed 2/20/08
IN THE SUPREME COURT OF CALIFORNIA
THE PEOPLE,
S049973
Plaintiff and Respondent,
Los Angeles County
v.
Super. Ct. No. LA015339
)
DOUGLAS OLIVER KELLY,
ORDER MODIFYING OPINION
[NO CHANGE IN JUDGMENT]
Defendant and Appellant.
THE COURT:
The majority opinion filed December 6, 2007, and published at 42 Cal.4th 763
is modified as follows:
In the second paragraph on page 799, the second sentence, which reads, ?We see
nothing in Payne v. Tennessee, supra, 501 U.S. 808, or our own cases, that prohibits
comparing the victim and the defendant,? is deleted and replaced with the following
sentence: Nothing in the record, however, shows that such a comparison was made in
this case.
This modification does not affect the judgment.